S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1257

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. JAFFEE, GALEF, CLARK -- Multi-Sponsored by -- M.
  of A. COOK, CROUCH, DenDEKKER, PERRY, SCARBOROUGH, THIELE -- read once
  and referred to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  the  licensure  of
  dietitians and nutritionists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration of purpose. The legis-
lature finds that the application of scientific  knowledge  relating  to
nutrition  is  important  in effective care, treatment and prevention of
disease or trauma and in the attainment and maintenance of  health,  and
acknowledges  that the rendering and communication of sound dietetic and
nutrition services in hospitals, nursing homes, extended care and  ambu-
latory  care  settings,  school  districts,  health departments, private
practice and consultation, and in other settings  requires  trained  and
competent professionals. The legislature further finds that it is neces-
sary  in  the  provision  of  medical nutrition therapy for such profes-
sionals to be licensed under article 157 of the education law to  ensure
quality  care  through a standardized nutrition care process, consisting
of a nutrition assessment, nutrition diagnosis,  nutrition  intervention
and  the  monitoring  and evaluation of outcomes directly related to the
nutrition care process. Therefore, it  is  hereby  declared  to  be  the
purpose  of  this  act to protect the health, safety, and welfare of the
public by providing for the licensure and regulation of  the  activities
of persons engaged in the practice of dietetics and nutrition.
  S 2. Section 8000 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
  S 8000. Introduction.    This article applies to the use of the titles
["certified   dietitian"   and   "certified   nutritionist"]   "LICENSED
DIETITIAN/NUTRITIONIST"  OR  "LDN"  AND  THE  PRACTICE  OF DIETETICS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03266-01-5

              

A. 1257                             2

NUTRITION.  The general provision for all professions contained in arti-
cle one hundred thirty of this title shall apply to this article.
  S 3. Section 8001 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
  S 8001. [Definitions]  DIETETIC AND NUTRITION PRACTICE.  [1. Dietetics
and nutrition are herein each defined as  the integration  and  applica-
tion of principles derived from the sciences of nutrition, biochemistry,
physiology,  food  management  and  behavioral  and  social  sciences to
achieve and maintain people's health.
  2. Where the title "certified dietitian" or  "certified  nutritionist"
is  used in this article it shall mean "certified dietitian", "certified
dietician", or "certified nutritionist".
  3. A certified dietitian or certified nutritionist is one who  engages
in  the  integration  and  application  of  principles  derived from the
sciences of nutrition, biochemistry,  physiology,  food  management  and
behavioral  and social sciences to achieve and maintain people's health,
and who is certified as such by the department pursuant to section eight
thousand four of this article.   The primary  function  of  a  certified
dietitian  or  certified nutritionist is the provision of nutrition care
services that shall include:
  (a) Assessing nutrition needs and food patterns;
  (b) Planning for and directing the provision of food  appropriate  for
physical and nutrition needs; and
  (c)  Providing  nutrition counseling.] DIETETIC AND NUTRITION PRACTICE
IS THE APPLICATION OF  MEDICAL  NUTRITION  THERAPY  AND  A  STANDARDIZED
NUTRITION  CARE PROCESS, INCLUDING NUTRITION ASSESSMENT, NUTRITION DIAG-
NOSIS, NUTRITION INTERVENTION, AND NUTRITION EVALUATION  AND  MONITORING
FOR THE PREVENTION OR TREATMENT OF NUTRITION RELATED ILLNESSES, NOURISH-
MENT, AND EDUCATION OF INDIVIDUALS AND GROUPS THROUGHOUT THE LIFECYCLE.
  S  4.  The  education law is amended by adding a new section 8001-a to
read as follows:
  S 8001-A. DEFINITIONS. FOR  PURPOSES  OF  THIS  ARTICLE:  1.  "MEDICAL
NUTRITION  THERAPY"  IS  AN  EVIDENCE BASED APPLICATION OF THE NUTRITION
CARE PROCESS FOCUSED ON PREVENTION, DELAY OR MANAGEMENT OF DISEASES  AND
CONDITIONS,  AND  INVOLVES AN IN-DEPTH ASSESSMENT, PERIODIC REASSESSMENT
AND INTERVENTION.
  2. "NUTRITION DIAGNOSIS" IN THE CONTEXT  OF  DIETETICS  AND  NUTRITION
PRACTICE  MEANS  THE  IDENTIFICATION  AND LABELING OF EXISTING NUTRITION
PROBLEMS EXPRESSED IN TERMS OF ETIOLOGY, SIGNS AND  SYMPTOMS.  NUTRITION
DIAGNOSIS IS DISTINCT FROM A MEDICAL DIAGNOSIS.
  3.  "NUTRITION  ASSESSMENT" MEANS THE SYSTEMATIC PROCESS OF OBTAINING,
VERIFYING, AND INTERPRETING BIOCHEMICAL,  ANTHROPOMETRIC,  PHYSICAL  AND
DIETARY  DATA  IN  ORDER TO MAKE DECISIONS ABOUT THE NATURE AND CAUSE OF
NUTRITION RELATED PROBLEMS. NUTRITION ASSESSMENT IS AN ONGOING,  DYNAMIC
PROCESS THAT INVOLVES INITIAL DATA COLLECTION, REASSESSMENT AND ANALYSIS
OF  CLIENT  OR COMMUNITY NEEDS AND PROVIDES THE FOUNDATION FOR NUTRITION
DIAGNOSIS AND NUTRITIONAL RECOMMENDATIONS INCLUDING ENTERAL  AND  PAREN-
TERAL  NUTRITION.  THE MERE COLLECTION OF THESE DATA FOR USE IN A NUTRI-
TION ASSESSMENT IS NOT A NUTRITION ASSESSMENT AND  DOES  NOT  REQUIRE  A
LICENSE IN DIETETICS AND NUTRITION AS SET FORTH IN THIS ARTICLE.
  4. "NUTRITION INTERVENTION" IS A PURPOSEFULLY PLANNED ACTION, DESIGNED
TO  POSITIVELY  CHANGE NUTRITION RELATED BEHAVIOR, RISK FACTOR, ENVIRON-
MENTAL CONDITION OR ASPECTS OF HEALTH STATUS FOR INDIVIDUAL, GROUPS,  OR
THE COMMUNITY.
  S 5. Section 8002 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:

A. 1257                             3

  S 8002. [Use]  AUTHORIZATION of [titles] TITLE.  Only a person [certi-
fied] LICENSED under this article shall be authorized to use  the  title
["certified  dietitian", "certified dietician", or "certified nutrition-
ist"] "LICENSED DIETITIAN/NUTRITIONIST" OR "LDN".
  S  6.  Section 8003 of the education law, as amended by chapter 282 of
the laws of 1992, is amended to read as follows:
  S 8003. State board for dietetics and nutrition.   A state  board  for
dietetics  and  nutrition shall be appointed by the board of regents, on
recommendation of the commissioner, for the  purpose  of  assisting  the
board of regents and the department on matters of [certification] LICEN-
SURE,  PRACTICE  and  professional  conduct  in  accordance with section
sixty-five hundred eight of this chapter.
  The board shall consist of not  less  than  [thirteen]  NINE  members,
[ten]  SEVEN  of whom shall be [certified dietitians or certified nutri-
tionists, except that the members of the first board need not be  certi-
fied   but shall be persons who are eligible for certification under the
provisions of this article prior to  their  appointment  to  the  board]
LICENSED  PURSUANT  TO THIS ARTICLE.  The [first] board, with respect to
members representing  the  profession,  shall  consist  of  [five]  FOUR
members  [registered]  CREDENTIALED  by  a national dietetic association
having [registration] CREDENTIALING standards acceptable to the  depart-
ment and [five] THREE members who are [members of or registered] CREDEN-
TIALED  by  a national nutritional association having [membership and/or
registration] CREDENTIALING  standards  acceptable  to  the  department.
[Thereafter,  members of the profession appointed to such board shall be
certified pursuant to this article.] To the extent reasonable, the board
of regents should insure the state board is  broadly  representative  of
various  [professional interests] PRACTICE AREAS within the dietetic and
[nutritional] NUTRITION community.  [Three members] ONE MEMBER shall  be
[representatives]  REPRESENTATIVE  of  the general public AND ONE MEMBER
SHALL BE A PHYSICIAN LICENSED UNDER ARTICLE ONE  HUNDRED  THIRTY-ONE  OF
THIS  TITLE.  An  executive secretary to the board shall be appointed by
the board of regents on the recommendation of the commissioner.
  S 7. Section 8004 of the education law, as added by chapter 635 of the
laws of 1991, subparagraph 2 of  paragraph  (a)  of  subdivision  2  and
subparagraph  2  of  paragraph (b) of subdivision 2 and subdivision 3 as
amended by chapter 282 of the laws  of  1992,  is  amended  to  read  as
follows:
  S 8004. Requirements  for  [certification]  PROFESSIONAL LICENSE.   To
qualify for [certification] A LICENSE, an applicant  shall  fulfill  the
following requirements:
  1. File an application with the department;
  2.  [(a)(1)  Have received an education including a bachelor's degree,
or   its   equivalent   as   determined   by    the    department,    in
dietetics/nutrition  or  an equivalent major course of study which shall
include appropriate core curriculum courses in dietetics/nutrition  from
an  accredited  college  or university as approved by the department, in
accordance with the commissioner's regulations; and
  (2) Have completed a planned,  continuous,  experience  component,  in
accordance with the commissioner's regulations, in dietetic or nutrition
practice  under  the  supervision  of a certified dietitian or certified
nutritionist or a dietitian or nutritionist who is registered by or is a
member of a national dietetic association or national nutrition  associ-
ation  having  registration  or  membership  standards acceptable to the
department; such experience shall be satisfactory to the  board  and  in
accordance with the commissioner's regulations; or

A. 1257                             4

  (b)(1)  Have  received  an education including an associates degree in
dietetics or nutrition acceptable to the department,
  (2)  In  the last fifteen years have completed ten years of experience
and education in the field of dietetics or nutrition satisfactory to the
board in accordance with the commissioner's regulations. These ten years
must be the full time equivalent of any combination  of  post  secondary
dietetic  or  nutrition education and dietetic or nutrition work experi-
ence satisfactory to the board in  accordance  with  the  commissioner's
regulations, and
  (3) Have obtained the endorsement of three dietitians or nutritionists
acceptable to the department] HAVE RECEIVED A BACHELOR'S DEGREE OR HIGH-
ER  WHICH  INCLUDES  APPROPRIATE  MAJOR COURSE OF STUDY IN DIETETICS AND
NUTRITION, OR A BACHELOR'S DEGREE OR HIGHER AND POST GRADUATE COMPLETION
OF A MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION;  FROM  A  PROGRAM
REGISTERED  BY  THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE
SUBSTANTIAL EQUIVALENT, IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS.  MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION SHALL INCLUDE
BUT NOT BE LIMITED TO SUCH AREAS AS HUMAN  NUTRITION,  NUTRITION  EDUCA-
TION,  FOOD AND NUTRITION, DIETETIC OR FOOD SYSTEMS AND MANAGEMENT WHICH
ADDRESSES THE PRACTICE OF DIETETICS AND NUTRITION UNDER  VARYING  CONDI-
TIONS OF HEALTH AND DISEASE, SOCIAL, PHYSICAL, PSYCHOLOGICAL AND ECONOM-
IC STATUS FOR APPROPRIATE NUTRITION CARE;
  3.  DURING THE FIRST TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION, COMPLETE AT A MINIMUM, NINE HUNDRED HOURS  IN  THE  PRACTICE  OF
DIETETICS  AND  NUTRITION  IN  A PLANNED, CONTINUOUS, ACCREDITED PROGRAM
EXPERIENCE UNDER THE SUPERVISION OF AN INDIVIDUAL LICENSED  PURSUANT  TO
THIS  ARTICLE, IN ACCORDANCE WITH  THE COMMISSIONER'S REGULATIONS; AFTER
WHICH AND THEREAFTER, SUCH EXPERIENCE SHALL INCLUDE AT A MINIMUM  TWELVE
HUNDRED HOURS;
  A.  AN  ACCREDITED  EXPERIENCE  PROGRAM  SHALL PROVIDE EXPERIENCE IN A
VARIETY OF SETTINGS, WHICH MAY INCLUDE HOSPITALS, CLINICS, CORPORATIONS,
AND PUBLIC HEALTH PROGRAMS AND INCLUDE A FORMAL  OUTCOME  EVALUATION  OF
COMPETENCY IN DIETETICS AND NUTRITION PRACTICE.
  B.  PRACTICE  IN  AN  ACCREDITED EXPERIENCE PROGRAM SHALL BE UNDER THE
SUPERVISION OF A LICENSED DIETITIAN/NUTRITIONIST, EXCEPT  PRIOR  TO  THE
EFFECTIVE  DATE  OF THIS SUBDIVISION A SUPERVISOR NEED ONLY BE CERTIFIED
AS A DIETITIAN OR NUTRITIONIST PURSUANT TO THIS  ARTICLE  PRIOR  TO  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION  OR  SHALL  BE  CREDENTIALED BY A
NATIONAL  DIETETIC  CREDENTIALING  ORGANIZATION  OR  CREDENTIALED  BY  A
NATIONAL  NUTRITIONAL CREDENTIALING ORGANIZATION. SUCH NATIONAL DIETETIC
CREDENTIALING ORGANIZATION OR NATIONAL NUTRITION CREDENTIALING ORGANIZA-
TION MUST BE ACCREDITED BY THE NATIONAL COMMISSION FOR CERTIFYING  AGEN-
CIES  AND  APPROVED  BY  THE DEPARTMENT AND HAVE CREDENTIALING STANDARDS
SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR  LICENSURE  PURSUANT
TO THIS ARTICLE;
  [3.]  4.  Pass an examination satisfactory to the board and in accord-
ance with the commissioner's regulations; provided that such examination
shall test a level  of  knowledge  and  experience  equivalent  to  that
obtained  by  an  individual  satisfactorily meeting the requirements of
[paragraph (a) of  subdivision]  SUBDIVISIONS  two  AND  THREE  of  this
section;
  [4.]  5.  Pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for initial
certification, a fee of eighty-five dollars for  each  reexamination,  a
fee  of  one  hundred  fifteen  dollars for an initial certification for
persons not requiring admission to a department conducted examination, a

A. 1257                             5

fee of one hundred [fifty-five] SEVENTY-FIVE dollars for each  triennial
registration period;
  [5.] 6. Be at least eighteen years of age;
  7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
  S 8. Section 8005 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
  S 8005. Special  provisions.  1.  Nothing  [contained  in this article
shall be deemed to alter, modify or impair any conditions of  employment
relating  to  service  in the federal government, the state of New York,
its political  subdivisions,  including  school  districts,  or  special
districts  and  authorities  or any facilities or institutions under the
jurisdiction of or subject to the certification of  any  agency  of  the
state  of  New York or its political subdivisions] IN THIS ARTICLE SHALL
PROHIBIT OR LIMIT ANY STATE, COUNTY OR MUNICIPAL EMPLOYEE ENGAGED IN THE
PRACTICE OF DIETETICS AND NUTRITION ON THE DATE THE CHAPTER OF THE  LAWS
OF  TWO THOUSAND FIFTEEN WHICH AMENDED THIS SECTION TAKES EFFECT FOR THE
PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH GOVERNMENTAL
UNIT WITHIN THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED  TO  THE
SERVICES  PROVIDED UPON SUCH EFFECTIVE DATE, HOWEVER, THIS SECTION SHALL
NOT AUTHORIZE THE USE OF ANY TITLE AUTHORIZED PURSUANT TO THIS  ARTICLE.
PROVIDED  HOWEVER,  THAT  EMPLOYEES ENGAGED IN THE PRACTICE OF DIETETICS
AND NUTRITION HIRED TWO YEARS AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT
TO ALL THE REQUIREMENTS OF THIS ARTICLE.
  2. THIS ARTICLE SHALL NOT PROHIBIT DIETETIC AND NUTRITION PRACTICE  BY
A  CORPORATION,  PROVIDED THAT SUCH PRACTICE IS CARRIED ON BY A LICENSED
DIETITIAN/NUTRITIONIST OR  A  PERSON  EXEMPT  UNDER  THIS  ARTICLE.    A
VIOLATION OF THIS SUBDIVISION SHALL BE A CLASS A MISDEMEANOR.
  S 9. Section 8006 of the education law, as added by chapter 635 of the
laws  of 1991 and subdivision 2 as amended by chapter 282 of the laws of
1992, is amended to read as follows:
  S 8006. Special conditions.   [A person  shall  be  certified  without
examination  provided  that, within three years of the effective date of
this article, the individual:
  1. files an application and pays the appropriate fees to  the  depart-
ment; and
  2.    (a)  is  registered as a dietitian or nutritionist by a national
dietetic or national nutrition association having registration standards
acceptable to the department;
  (b) meets the requirements of subparagraph one  of  paragraph  (a)  of
subdivision  two  and subdivision five of section eight thousand four of
this article and has been actively engaged in the provision of nutrition
care services for a minimum of three years during the five  years  imme-
diately preceding the effective date of this article; or
  (c) meets all the requirements of paragraph (b) of subdivision two and
subdivision  five  of  section eight thousand four of this article.] ANY
PERSON WHO IS LICENSED AS A CERTIFIED DIETITIAN OR  A  CERTIFIED  NUTRI-
TIONIST  (CDN)  ON  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FIFTEEN WHICH AMENDED THIS  SECTION  SHALL  BE  LICENSED  AS  A
LICENSED  DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL REQUIRE-
MENTS.
  S 10. The education law is amended by adding two new sections 8007 and
8008 to read as follows:
  S 8007. EXEMPTIONS.  THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT  OR
PREVENT:
  1.  A  LICENSED  PHYSICIAN  FROM  PRACTICING  HIS OR HER PROFESSION AS
DEFINED  UNDER  ARTICLES  ONE  HUNDRED  THIRTY-ONE   AND   ONE   HUNDRED

A. 1257                             6

THIRTY-ONE-B  OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A CERTI-
FIED NURSE PRACTITIONER PRACTICING HIS  OR  HER  PROFESSION  AS  DEFINED
UNDER  ARTICLE  ONE  HUNDRED  THIRTY-NINE  OF  THIS  TITLE; OR QUALIFIED
MEMBERS  OF  OTHER PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING
WORK INCIDENTAL TO THE PRACTICE OF THEIR PROFESSIONS, EXCEPT  THAT  SUCH
PERSONS  MAY  NOT HOLD THEMSELVES OUT UNDER THE TITLE AUTHORIZED BY THIS
ARTICLE;
  2. AN INDIVIDUAL FROM ENGAGING IN THE PRACTICE OF DIETETICS OR  NUTRI-
TION  WHILE  PARTICIPATING  IN  THE EDUCATION OR EXPERIENCE REQUIREMENTS
DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION EIGHT THOUSAND FOUR  OF
THIS ARTICLE;
  3.  ANY PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE LICENSED
PURSUANT TO THIS ARTICLE FROM FURNISHING GENERAL  NON-MEDICAL  NUTRITION
INFORMATION  ON FOOD OR DIETARY SUPPLEMENTS; ENGAGING IN THE EXPLANATION
TO CUSTOMERS ABOUT FOOD OR FOOD PRODUCTS IN CONNECTION WITH THE  MARKET-
ING  AND  DISTRIBUTION  OF THOSE PRODUCTS; PROVIDED THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE THE PROVISION OF MEDICAL NUTRI-
TION THERAPY.  FOR PURPOSES OF THIS SUBDIVISION,
  "GENERAL NON-MEDICAL NUTRITION INFORMATION" MEANS INFORMATION  ON  THE
FOLLOWING:  (A)  PRINCIPLES  OF GOOD NUTRITION AND FOOD PREPARATION; (B)
FOOD TO BE INCLUDED IN THE NORMAL DAILY DIET; (C) THE  ESSENTIAL  NUTRI-
ENTS NEEDED BY THE BODY; (D) RECOMMENDED AMOUNTS OF THE ESSENTIAL NUTRI-
ENTS,  BASED  ON  ESTABLISHED STANDARDS; (E) THE ACTIONS OF NUTRIENTS ON
THE BODY; (F) THE EFFECTS OF DEFICIENCIES OR EXCESSES OF  NUTRIENTS;  OR
(G)  FOOD  AND SUPPLEMENTS THAT ARE GOOD SOURCES OF ESSENTIAL NUTRIENTS;
AND
  4. A PERSON FROM PRESENTING  A  GENERAL  PROGRAM  OF  INSTRUCTION  FOR
WEIGHT  CONTROL PROVIDED THE GENERAL PROGRAM IS APPROVED IN WRITING BY A
LICENSED DIETITIAN, A DIETITIAN REGISTERED BY THE COMMISSION OF DIETETIC
REGISTRATION OF THE AMERICAN DIETETIC ASSOCIATION OR A  LICENSED  PHYSI-
CIAN.
PROVIDED  THAT,  NO  TITLE,  SIGN,  CARD OR DEVICE SHALL BE USED IN SUCH
MANNER AS TO TEND TO CONVEY THE IMPRESSION  THAT  THE  PERSON  RENDERING
SUCH SERVICE IS LICENSED PURSUANT TO THIS ARTICLE.
  5.  AN  INDIVIDUAL  EMPLOYED  BY A WIC PROGRAM AS A "COMPETENT PROFES-
SIONAL AUTHORITY" AS DEFINED IN 7 C.F.R S 246.2  (1895)  FROM  PROVIDING
NUTRITION  SERVICES  WITHIN  SUCH  WIC  PROGRAM.  FOR THE PURPOSE OF THE
SUBDIVISION THE TERM "WIC PROGRAM" SHALL MEAN A PROGRAM AUTHORIZED BY 42
U.S.C. S 1786.
  S 8008. LIMITED PERMIT. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT TO
AN APPLICANT FOR LICENSURE WHO HAS MET ALL THE REQUIREMENTS  OF  SECTION
EIGHT THOUSAND FOUR OF THIS ARTICLE, BUT HAS NOT YET PASSED THE EXAMINA-
TION. 1. THE DURATION OF A LIMITED PERMIT SHALL NOT EXCEED ONE YEAR FROM
THE  TIME OF ITS FIRST ISSUE AND THE DEPARTMENT MAY FOR GOOD CAUSE RENEW
A LIMITED PERMIT PROVIDED THAT NO APPLICANT  SHALL  PRACTICE  UNDER  ANY
LIMITED PERMIT FOR MORE THAN A TOTAL OF TWO YEARS.
  2.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF AN INDIVIDUAL LICENSED PURSUANT TO THIS ARTICLE.
  3. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY-FIVE DOLLARS.
  S 11. This act shall take effect one year after it shall have become a
law; provided however, that effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed by the department of education on or  before  such
effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1257--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  GALEF, CLARK, ZEBROWSKI, McDONOUGH,
  FINCH, STECK -- Multi-Sponsored by -- M.  of  A.  BROOK-KRASNY,  COOK,
  CROUCH,  DenDEKKER, GARBARINO, LAWRENCE, LUPARDO, PERRY, RIVERA, SCAR-
  BOROUGH, STIRPE, THIELE -- read once and referred to the Committee  on
  Higher  Education  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law,  in  relation  to  the  licensure  of
  dietitians and nutritionists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration of purpose. The legis-
lature finds that the application of scientific  knowledge  relating  to
nutrition  is  important  in effective care, treatment and prevention of
disease or trauma and in the attainment and maintenance of  health,  and
acknowledges  that the rendering and communication of sound dietetic and
nutrition services in hospitals, nursing homes, extended care and  ambu-
latory  care  settings,  school  districts,  health departments, private
practice and consultation, and in other settings  requires  trained  and
competent professionals. The legislature further finds that it is neces-
sary  in  the  provision  of  medical nutrition therapy for such profes-
sionals to be licensed under article 157 of the education law to  ensure
quality  care  through a standardized nutrition care process, consisting
of a nutrition assessment, nutrition diagnosis,  nutrition  intervention
and  the  monitoring  and evaluation of outcomes directly related to the
nutrition care process. Therefore, it  is  hereby  declared  to  be  the
purpose  of  this  act to protect the health, safety, and welfare of the
public by providing for the licensure and regulation of  the  activities
of persons engaged in the practice of dietetics and nutrition.
  S 2. Section 8000 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
  S 8000. Introduction.    This article applies to the use of the titles
["certified   dietitian"   and   "certified   nutritionist"]   "LICENSED
DIETITIAN/NUTRITIONIST"  OR  "LDN"  AND  THE  PRACTICE  OF DIETETICS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD03266-03-5

A. 1257--A                          2

NUTRITION.  The general provision for all professions contained in arti-
cle one hundred thirty of this title shall apply to this article.
  S 3. Section 8001 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
  S 8001. [Definitions]  DIETETIC AND NUTRITION PRACTICE.  [1. Dietetics
and nutrition are herein each defined as  the integration  and  applica-
tion of principles derived from the sciences of nutrition, biochemistry,
physiology,  food  management  and  behavioral  and  social  sciences to
achieve and maintain people's health.
  2. Where the title "certified dietitian" or  "certified  nutritionist"
is  used in this article it shall mean "certified dietitian", "certified
dietician", or "certified nutritionist".
  3. A certified dietitian or certified nutritionist is one who  engages
in  the  integration  and  application  of  principles  derived from the
sciences of nutrition, biochemistry,  physiology,  food  management  and
behavioral  and social sciences to achieve and maintain people's health,
and who is certified as such by the department pursuant to section eight
thousand four of this article.   The primary  function  of  a  certified
dietitian  or  certified nutritionist is the provision of nutrition care
services that shall include:
  (a) Assessing nutrition needs and food patterns;
  (b) Planning for and directing the provision of food  appropriate  for
physical and nutrition needs; and
  (c)  Providing  nutrition counseling.] DIETETIC AND NUTRITION PRACTICE
IS THE APPLICATION OF  MEDICAL  NUTRITION  THERAPY  AND  A  STANDARDIZED
NUTRITION  CARE PROCESS, INCLUDING NUTRITION ASSESSMENT, NUTRITION DIAG-
NOSIS, NUTRITION INTERVENTION, AND NUTRITION EVALUATION  AND  MONITORING
FOR THE PREVENTION OR TREATMENT OF NUTRITION RELATED ILLNESSES, NOURISH-
MENT, AND EDUCATION OF INDIVIDUALS AND GROUPS THROUGHOUT THE LIFECYCLE.
  S  4.  The  education law is amended by adding a new section 8001-a to
read as follows:
  S 8001-A. DEFINITIONS. FOR  PURPOSES  OF  THIS  ARTICLE:  1.  "MEDICAL
NUTRITION  THERAPY"  IS  AN  EVIDENCE BASED APPLICATION OF THE NUTRITION
CARE PROCESS FOCUSED ON PREVENTION, DELAY OR MANAGEMENT OF DISEASES  AND
CONDITIONS,  AND  INVOLVES AN IN-DEPTH ASSESSMENT, PERIODIC REASSESSMENT
AND INTERVENTION.
  2. "NUTRITION DIAGNOSIS" IN THE CONTEXT  OF  DIETETICS  AND  NUTRITION
PRACTICE  MEANS  THE  IDENTIFICATION  AND LABELING OF EXISTING NUTRITION
PROBLEMS EXPRESSED IN TERMS OF ETIOLOGY, SIGNS AND  SYMPTOMS.  NUTRITION
DIAGNOSIS IS DISTINCT FROM A MEDICAL DIAGNOSIS.
  3.  "NUTRITION  ASSESSMENT" MEANS THE SYSTEMATIC PROCESS OF OBTAINING,
VERIFYING, AND INTERPRETING BIOCHEMICAL,  ANTHROPOMETRIC,  PHYSICAL  AND
DIETARY  DATA  IN  ORDER TO MAKE DECISIONS ABOUT THE NATURE AND CAUSE OF
NUTRITION RELATED PROBLEMS. NUTRITION ASSESSMENT IS AN ONGOING,  DYNAMIC
PROCESS THAT INVOLVES INITIAL DATA COLLECTION, REASSESSMENT AND ANALYSIS
OF  CLIENT  OR COMMUNITY NEEDS AND PROVIDES THE FOUNDATION FOR NUTRITION
DIAGNOSIS AND NUTRITIONAL RECOMMENDATIONS INCLUDING ENTERAL  AND  PAREN-
TERAL  NUTRITION.  THE MERE COLLECTION OF THESE DATA FOR USE IN A NUTRI-
TION ASSESSMENT IS NOT A NUTRITION ASSESSMENT AND  DOES  NOT  REQUIRE  A
LICENSE IN DIETETICS AND NUTRITION AS SET FORTH IN THIS ARTICLE.
  4. "NUTRITION INTERVENTION" IS A PURPOSEFULLY PLANNED ACTION, DESIGNED
TO  POSITIVELY  CHANGE NUTRITION RELATED BEHAVIOR, RISK FACTOR, ENVIRON-
MENTAL CONDITION OR ASPECTS OF HEALTH STATUS FOR INDIVIDUAL, GROUPS,  OR
THE COMMUNITY.
  S 5. Section 8002 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:

A. 1257--A                          3

  S 8002. [Use]  AUTHORIZATION of [titles] TITLE.  Only a person [certi-
fied] LICENSED under this article shall be authorized to use  the  title
["certified  dietitian", "certified dietician", or "certified nutrition-
ist"] "LICENSED DIETITIAN/NUTRITIONIST" OR "LDN".
  S  6.  Section 8003 of the education law, as amended by chapter 282 of
the laws of 1992, is amended to read as follows:
  S 8003. State board for dietetics and nutrition.   A state  board  for
dietetics  and  nutrition shall be appointed by the board of regents, on
recommendation of the commissioner, for the  purpose  of  assisting  the
board of regents and the department on matters of [certification] LICEN-
SURE,  PRACTICE  and  professional  conduct  in  accordance with section
sixty-five hundred eight of this chapter.
  The board shall consist of not  less  than  [thirteen]  NINE  members,
[ten]  SEVEN  of whom shall be [certified dietitians or certified nutri-
tionists, except that the members of the first board need not be  certi-
fied   but shall be persons who are eligible for certification under the
provisions of this article prior to  their  appointment  to  the  board]
LICENSED  PURSUANT  TO THIS ARTICLE.  The [first] board, with respect to
members representing  the  profession,  shall  consist  of  [five]  FOUR
members  [registered]  CREDENTIALED  by  a national dietetic association
having [registration] CREDENTIALING standards acceptable to the  depart-
ment and [five] THREE members who are [members of or registered] CREDEN-
TIALED  by  a national nutritional association having [membership and/or
registration] CREDENTIALING  standards  acceptable  to  the  department.
[Thereafter,  members of the profession appointed to such board shall be
certified pursuant to this article.] To the extent reasonable, the board
of regents should insure the state board is  broadly  representative  of
various  [professional interests] PRACTICE AREAS within the dietetic and
[nutritional] NUTRITION community.  [Three members] ONE MEMBER shall  be
[representatives]  REPRESENTATIVE  of  the general public AND ONE MEMBER
SHALL BE A PHYSICIAN LICENSED UNDER ARTICLE ONE  HUNDRED  THIRTY-ONE  OF
THIS  TITLE.  An  executive secretary to the board shall be appointed by
the board of regents on the recommendation of the commissioner.
  S 7. Section 8004 of the education law, as added by chapter 635 of the
laws of 1991, subparagraph 2 of  paragraph  (a)  of  subdivision  2  and
subparagraph  2  of  paragraph (b) of subdivision 2 and subdivision 3 as
amended by chapter 282 of the laws  of  1992,  is  amended  to  read  as
follows:
  S 8004. Requirements  for  [certification]  PROFESSIONAL LICENSE.   To
qualify for [certification] A LICENSE, an applicant  shall  fulfill  the
following requirements:
  1. File an application with the department;
  2.  [(a)(1)  Have received an education including a bachelor's degree,
or   its   equivalent   as   determined   by    the    department,    in
dietetics/nutrition  or  an equivalent major course of study which shall
include appropriate core curriculum courses in dietetics/nutrition  from
an  accredited  college  or university as approved by the department, in
accordance with the commissioner's regulations; and
  (2) Have completed a planned,  continuous,  experience  component,  in
accordance with the commissioner's regulations, in dietetic or nutrition
practice  under  the  supervision  of a certified dietitian or certified
nutritionist or a dietitian or nutritionist who is registered by or is a
member of a national dietetic association or national nutrition  associ-
ation  having  registration  or  membership  standards acceptable to the
department; such experience shall be satisfactory to the  board  and  in
accordance with the commissioner's regulations; or

A. 1257--A                          4

  (b)(1)  Have  received  an education including an associates degree in
dietetics or nutrition acceptable to the department,
  (2)  In  the last fifteen years have completed ten years of experience
and education in the field of dietetics or nutrition satisfactory to the
board in accordance with the commissioner's regulations. These ten years
must be the full time equivalent of any combination  of  post  secondary
dietetic  or  nutrition education and dietetic or nutrition work experi-
ence satisfactory to the board in  accordance  with  the  commissioner's
regulations, and
  (3) Have obtained the endorsement of three dietitians or nutritionists
acceptable to the department] HAVE RECEIVED A BACHELOR'S DEGREE OR HIGH-
ER  WHICH  INCLUDES  APPROPRIATE  MAJOR COURSE OF STUDY IN DIETETICS AND
NUTRITION, OR A BACHELOR'S DEGREE OR HIGHER AND POST GRADUATE COMPLETION
OF A MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION;  FROM  A  PROGRAM
REGISTERED  BY  THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE
SUBSTANTIAL EQUIVALENT, IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS.  MAJOR COURSE OF STUDY IN DIETETICS AND NUTRITION SHALL INCLUDE
BUT NOT BE LIMITED TO SUCH AREAS AS HUMAN  NUTRITION,  NUTRITION  EDUCA-
TION,  FOOD AND NUTRITION, DIETETIC OR FOOD SYSTEMS AND MANAGEMENT WHICH
ADDRESSES THE PRACTICE OF DIETETICS AND NUTRITION UNDER  VARYING  CONDI-
TIONS OF HEALTH AND DISEASE, SOCIAL, PHYSICAL, PSYCHOLOGICAL AND ECONOM-
IC STATUS FOR APPROPRIATE NUTRITION CARE;
  3.  DURING THE FIRST TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION, COMPLETE AT A MINIMUM, NINE HUNDRED HOURS  IN  THE  PRACTICE  OF
DIETETICS  AND  NUTRITION  IN  A PLANNED, CONTINUOUS, ACCREDITED PROGRAM
EXPERIENCE UNDER THE SUPERVISION OF AN INDIVIDUAL LICENSED  PURSUANT  TO
THIS  ARTICLE, IN ACCORDANCE WITH  THE COMMISSIONER'S REGULATIONS; AFTER
WHICH AND THEREAFTER, SUCH EXPERIENCE SHALL INCLUDE AT A MINIMUM  TWELVE
HUNDRED HOURS;
  A.  AN  ACCREDITED  EXPERIENCE  PROGRAM  SHALL PROVIDE EXPERIENCE IN A
VARIETY OF SETTINGS, WHICH MAY INCLUDE HOSPITALS, CLINICS, CORPORATIONS,
AND PUBLIC HEALTH PROGRAMS AND INCLUDE A FORMAL  OUTCOME  EVALUATION  OF
COMPETENCY IN DIETETICS AND NUTRITION PRACTICE.
  B.  PRACTICE  IN  AN  ACCREDITED EXPERIENCE PROGRAM SHALL BE UNDER THE
SUPERVISION OF A LICENSED DIETITIAN/NUTRITIONIST, EXCEPT  PRIOR  TO  THE
EFFECTIVE  DATE  OF THIS SUBDIVISION A SUPERVISOR NEED ONLY BE CERTIFIED
AS A DIETITIAN OR NUTRITIONIST PURSUANT TO THIS  ARTICLE  PRIOR  TO  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION  OR  SHALL  BE  CREDENTIALED BY A
NATIONAL  DIETETIC  CREDENTIALING  ORGANIZATION  OR  CREDENTIALED  BY  A
NATIONAL  NUTRITIONAL CREDENTIALING ORGANIZATION. SUCH NATIONAL DIETETIC
CREDENTIALING ORGANIZATION OR NATIONAL NUTRITION CREDENTIALING ORGANIZA-
TION MUST BE ACCREDITED BY THE NATIONAL COMMISSION FOR CERTIFYING  AGEN-
CIES  AND  APPROVED  BY  THE DEPARTMENT AND HAVE CREDENTIALING STANDARDS
SUBSTANTIALLY EQUIVALENT TO STANDARDS SET FORTH FOR  LICENSURE  PURSUANT
TO THIS ARTICLE;
  [3.]  4.  Pass an examination satisfactory to the board and in accord-
ance with the commissioner's regulations; provided that such examination
shall test a level  of  knowledge  and  experience  equivalent  to  that
obtained  by  an  individual  satisfactorily meeting the requirements of
[paragraph (a) of  subdivision]  SUBDIVISIONS  two  AND  THREE  of  this
section;
  [4.]  5.  Pay a fee of one hundred seventy-five dollars to the depart-
ment for admission to a department conducted examination and for initial
certification, a fee of eighty-five dollars for  each  reexamination,  a
fee  of  one  hundred  fifteen  dollars for an initial certification for
persons not requiring admission to a department conducted examination, a

A. 1257--A                          5

fee of one hundred [fifty-five] SEVENTY-FIVE dollars for each  triennial
registration period;
  [5.] 6. Be at least eighteen years of age;
  7. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
  S 8. Section 8005 of the education law, as added by chapter 635 of the
laws of 1991, is amended to read as follows:
  S 8005. Special  provisions.  1.  Nothing  [contained  in this article
shall be deemed to alter, modify or impair any conditions of  employment
relating  to  service  in the federal government, the state of New York,
its political  subdivisions,  including  school  districts,  or  special
districts  and  authorities  or any facilities or institutions under the
jurisdiction of or subject to the certification of  any  agency  of  the
state  of  New York or its political subdivisions] IN THIS ARTICLE SHALL
PROHIBIT OR LIMIT ANY STATE, COUNTY OR MUNICIPAL EMPLOYEE ENGAGED IN THE
PRACTICE OF DIETETICS AND NUTRITION ON THE DATE THE CHAPTER OF THE  LAWS
OF  TWO THOUSAND FIFTEEN WHICH AMENDED THIS SECTION TAKES EFFECT FOR THE
PERIOD DURING WHICH THEY MAINTAIN SUCH EMPLOYMENT WITH SUCH GOVERNMENTAL
UNIT WITHIN THE CONTEXT OF SUCH EMPLOYMENT AND SHALL BE LIMITED  TO  THE
SERVICES  PROVIDED UPON SUCH EFFECTIVE DATE, HOWEVER, THIS SECTION SHALL
NOT AUTHORIZE THE USE OF ANY TITLE AUTHORIZED PURSUANT TO THIS  ARTICLE.
PROVIDED  HOWEVER,  THAT  EMPLOYEES ENGAGED IN THE PRACTICE OF DIETETICS
AND NUTRITION HIRED TWO YEARS AFTER SUCH EFFECTIVE DATE SHALL BE SUBJECT
TO ALL THE REQUIREMENTS OF THIS ARTICLE.
  2. THIS ARTICLE SHALL NOT PROHIBIT DIETETIC AND NUTRITION PRACTICE  BY
A  CORPORATION,  PROVIDED THAT SUCH PRACTICE IS CARRIED ON BY A LICENSED
DIETITIAN/NUTRITIONIST OR  A  PERSON  EXEMPT  UNDER  THIS  ARTICLE.    A
VIOLATION OF THIS SUBDIVISION SHALL BE A CLASS A MISDEMEANOR.
  S 9. Section 8006 of the education law, as added by chapter 635 of the
laws  of 1991 and subdivision 2 as amended by chapter 282 of the laws of
1992, is amended to read as follows:
  S 8006. Special conditions.   [A person  shall  be  certified  without
examination  provided  that, within three years of the effective date of
this article, the individual:
  1. files an application and pays the appropriate fees to  the  depart-
ment; and
  2.    (a)  is  registered as a dietitian or nutritionist by a national
dietetic or national nutrition association having registration standards
acceptable to the department;
  (b) meets the requirements of subparagraph one  of  paragraph  (a)  of
subdivision  two  and subdivision five of section eight thousand four of
this article and has been actively engaged in the provision of nutrition
care services for a minimum of three years during the five  years  imme-
diately preceding the effective date of this article; or
  (c) meets all the requirements of paragraph (b) of subdivision two and
subdivision  five  of  section eight thousand four of this article.] ANY
PERSON WHO IS LICENSED AS A CERTIFIED DIETITIAN OR  A  CERTIFIED  NUTRI-
TIONIST  (CDN)  ON  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FIFTEEN WHICH AMENDED THIS  SECTION  SHALL  BE  LICENSED  AS  A
LICENSED  DIETITIAN/NUTRITIONIST WITHOUT MEETING ANY ADDITIONAL REQUIRE-
MENTS.
  S 10. The education law is amended by adding two new sections 8007 and
8008 to read as follows:
  S 8007. EXEMPTIONS.  THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT  OR
PREVENT:
  1.  A  LICENSED  PHYSICIAN  FROM  PRACTICING  HIS OR HER PROFESSION AS
DEFINED  UNDER  ARTICLES  ONE  HUNDRED  THIRTY-ONE   AND   ONE   HUNDRED

A. 1257--A                          6

THIRTY-ONE-B  OF THIS TITLE; A REGISTERED PROFESSIONAL NURSE OR A CERTI-
FIED NURSE PRACTITIONER PRACTICING HIS  OR  HER  PROFESSION  AS  DEFINED
UNDER  ARTICLE  ONE  HUNDRED  THIRTY-NINE  OF  THIS  TITLE; OR QUALIFIED
MEMBERS  OF  OTHER PROFESSIONS LICENSED UNDER THIS TITLE FROM PERFORMING
WORK INCIDENTAL TO THE PRACTICE OF THEIR PROFESSIONS, EXCEPT  THAT  SUCH
PERSONS  MAY  NOT HOLD THEMSELVES OUT UNDER THE TITLE AUTHORIZED BY THIS
ARTICLE;
  2. AN INDIVIDUAL FROM ENGAGING IN THE PRACTICE OF DIETETICS OR  NUTRI-
TION  WHILE  PARTICIPATING  IN  THE EDUCATION OR EXPERIENCE REQUIREMENTS
DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION EIGHT THOUSAND FOUR  OF
THIS ARTICLE;
  3.  ANY PERSON WHO DOES NOT HOLD HIMSELF OR HERSELF OUT TO BE LICENSED
PURSUANT TO THIS ARTICLE FROM FURNISHING GENERAL  NON-MEDICAL  NUTRITION
INFORMATION  ON FOOD OR DIETARY SUPPLEMENTS; ENGAGING IN THE EXPLANATION
TO CUSTOMERS ABOUT FOOD OR FOOD PRODUCTS IN CONNECTION WITH THE  MARKET-
ING  AND  DISTRIBUTION  OF THOSE PRODUCTS; PROVIDED THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE THE PROVISION OF MEDICAL NUTRI-
TION THERAPY.  FOR PURPOSES OF THIS  SUBDIVISION,  "GENERAL  NON-MEDICAL
NUTRITION  INFORMATION"  MEANS INFORMATION ON THE FOLLOWING: (A) PRINCI-
PLES OF GOOD NUTRITION AND FOOD PREPARATION; (B) FOOD TO BE INCLUDED  IN
THE  NORMAL  DAILY DIET; (C) THE ESSENTIAL NUTRIENTS NEEDED BY THE BODY;
(D) RECOMMENDED AMOUNTS OF THE ESSENTIAL NUTRIENTS, BASED ON ESTABLISHED
STANDARDS; (E) THE ACTIONS OF NUTRIENTS ON THE BODY; (F) THE EFFECTS  OF
DEFICIENCIES  OR EXCESSES OF NUTRIENTS; OR (G) FOOD AND SUPPLEMENTS THAT
ARE GOOD SOURCES OF ESSENTIAL NUTRIENTS; AND
  4. A PERSON FROM PRESENTING  A  GENERAL  PROGRAM  OF  INSTRUCTION  FOR
WEIGHT  CONTROL PROVIDED THE GENERAL PROGRAM IS APPROVED IN WRITING BY A
LICENSED DIETITIAN, A DIETITIAN REGISTERED BY THE COMMISSION OF DIETETIC
REGISTRATION OF THE AMERICAN DIETETIC ASSOCIATION OR A  LICENSED  PHYSI-
CIAN,  PROVIDED  THAT,  NO  TITLE, SIGN, CARD OR DEVICE SHALL BE USED IN
SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT THE PERSON  RENDER-
ING SUCH SERVICE IS LICENSED PURSUANT TO THIS ARTICLE.
  5.  AN  INDIVIDUAL  EMPLOYED  BY A WIC PROGRAM AS A "COMPETENT PROFES-
SIONAL AUTHORITY" AS DEFINED IN 7 C.F.R S 246.2  (1895)  FROM  PROVIDING
NUTRITION  SERVICES  WITHIN  SUCH  WIC  PROGRAM.  FOR THE PURPOSE OF THE
SUBDIVISION THE TERM "WIC PROGRAM" SHALL MEAN A PROGRAM AUTHORIZED BY 42
U.S.C. S 1786.
  S 8008. LIMITED PERMIT. THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT TO
AN APPLICANT FOR LICENSURE WHO HAS MET ALL THE REQUIREMENTS  OF  SECTION
EIGHT THOUSAND FOUR OF THIS ARTICLE, BUT HAS NOT YET PASSED THE EXAMINA-
TION. 1. THE DURATION OF A LIMITED PERMIT SHALL NOT EXCEED ONE YEAR FROM
THE  TIME OF ITS FIRST ISSUE AND THE DEPARTMENT MAY FOR GOOD CAUSE RENEW
A LIMITED PERMIT PROVIDED THAT NO APPLICANT  SHALL  PRACTICE  UNDER  ANY
LIMITED PERMIT FOR MORE THAN A TOTAL OF TWO YEARS.
  2.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE SUPERVISION
OF AN INDIVIDUAL LICENSED PURSUANT TO THIS ARTICLE.
  3. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY-FIVE DOLLARS.
  S 11. This act shall take effect one year after it shall have become a
law; provided however, that effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed by the department of education on or  before  such
effective date.